Tracy Morgan was seriously injured and James McNair was killed when Kevin Roper slammed into the limo van in which they were traveling back in June. Now Roper has filed a request to delay a federal lawsuit. His criminal case will proceed. Roper’s attorney filed a motion asking to put Tracy Morgan’s lawsuit on hold pending the outcome of Kevin Roper’s criminal case.

Kevin Roper has pleaded not guilty to one count of death by auto and four counts of assault by auto in the June 7 crash. Tracy Morgan suffered leg and rib injuries. He spent several weeks in the hospital as well as in rehab. Three other passengers in the limo van were injured, two of them seriously. Fellow comedian James McNair was killed.

Roper’s attorney, David Glassman, contends that letting the federal case proceed would force his client to defend two actions at once, even though he isn’t named in Morgan’s lawsuit.

Tracy Morgan filed a lawsuit against Walmart, which owns the truck Kevin Roper was driving. He is seeking punitive and compensatory damages. Kevin Roper is not named as a defendant in the suit, though allegations are made against him.

Driver in Tracy Morgan Crash Seeks Delay of Case http://t.co/tBVkA3cFKt pic.twitter.com/5jPrUw2oqc

— Hollywood Reporter (@THR) November 16, 2014

A preliminary investigation by the National Transportation Safety Board said Kevin Roper was driving 65 mph in the 60 seconds before he slammed into the van. The speed limit on that stretch of the New Jersey Turnpike is 55 mph. It was lowered to 45 mph the night of the crash because of construction.

Tracy Morgan–of Saturday Night Live and 30 Rock fame–was traveling home from a show in Delaware when the truck hit his limo van.